I didn’t file my Ontario family law Answer within 30 days, what do I do now?

In Ontario, when your spouse, ex-partner, or other parent of your child files an application for custody, child support, spousal support, or divorce in family court, the court application that you receive from them tells you that you MUST serve and file your Answer within thirty days, or the case may proceed without your input and without further notice to you.

Sometimes though, it is difficult or impossible to get your Answer served and filed within that timeframe. This is especially so for people who don’t have their tax returns or Notices of Assessment available, because the court clerks will not accept your Answer if you don’t include the required tax information with your financial statement in applications for support.

So, if you don’t file your Form 10 Answer on time, are you out of luck? No, as long as you act quickly.

Rule 3 of the Family Law Rules gives judges the power to extend the time you have to serve and file your family law Answer if you have not done so on time. You can file a motion to ask the judge for more time, and so long as you are able to either provide some kind of reasonable explanation for the delay, or if you are able to commit to a reasonable timeline to get your answer served and filed, most judges will grant you an extension.

An other option may be to simply ask for more time to file your answer at the first appearance. London Family Court first appearances usually occur in front of a judge of the Superior Court Family Branch. If you haven’t filed your Answer, you can (and SHOULD!) still attend at the first appearance. The judge may allow you to explain your situation, and to ask for more time for service and filing without having to file a formal motion for an extension of time. Whatever you do, don’t skip the first appearance just because you haven’t filed. If you do miss the first appearance, the judge may allow the applicant to set the matter for a summary judgement hearing, which means that they will get to argue the case without you being present. By attending, you can ensure that the judge knows that you do intend to participate in the court process.

Unlike London’s Family Court branch, some other jurisdictions do not require you to appear in front of a judge on the first appearance date. In those locations, a clerk will review your file to see whether everything has been filed or not. In that situation, you will not be able to ask for an extension without filing a motion (because only a family court judge – not a clerk – can approve your request for more time). You should still attend at the first appearance in that situation so that you can indicate that you are planning to file an answer and participate in the court process, but you will also need to file a motion asking for more time as soon as possible.

If you have a family court matter in the London, Ontario region, I can help. Call 519-488-5263 or toll-free at 1-866-428-1063 to discuss your options. I accept legal aid certificates and private retainers for family law cases.

This article is intended to provide you with general legal information, but is not legal advice, and is not intended to advise you about how to proceed with your legal matter or situation. If you want more information on how to file a motion to lengthen time for service and filing, or if you’d like to make an appointment to discuss your case and receive legal advice, please get in touch with us today.